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ENEMO International Election Observation Mission Parliamentary

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ENEMO International Election Observation Mission Parliamentary ENEMO International Election Observation Mission Parliamentary Elections, 30 August 2020 - Montenegro INTERIM REPORT 15 July-15 August 17 August 2020 Overall, the domestic electoral legislation provides grounds for holding democratic elections in Montenegro. However, certain legal provisions remain at odds with international standards, including voters’ and candidates’ rights. The Covid-19 pandemic has negatively affected the conditions for holding parliamentary elections and opportunities for campaigning, while inconsistencies in the laws and lack of comprehensive regulations may confuse participants in the electoral process. On 15 July 2020, the European Network of Election Monitoring Organizations (ENEMO) officially deployed an International Election Observation Mission (IEOM) to Montenegro to observe the upcoming Parliamentary Elections of 30 August 2020. ENEMO has accredited a total of five Core Team experts based in Podgorica, and two Core Team members working from abroad. The Mission is headed by Professor Dr. Gianluca Passarelli. ENEMO has additionally deployed eight long-term observers (LTOs) in four teams throughout the country1. The IEOM is planned to be reinforced by 38 short-term observers (STOs), paired in multi-national teams of two, who will observe the opening of polling stations, voting and counting process on Election Day. This is ENEMO’s first mission to Montenegro. However, ENEMO has already gained considerable experience through observing elections in the Balkans since the creation of the network in 2001. The presence of ENEMO during the 2020 Parliamentary Elections in Montenegro will provide the national and international community with elaborate information about the electoral process. Up until 15 August, ENEMO observers have conducted a total of 237 meetings with electoral stakeholders. 1 Covering municipalities of Podgorica, Tuzi, Danilovgrad, Kolasin, Ulcinj, Bar, Zabljak, Pluzine, Pljevlja, Savnik, Mojkovac, Niksic, Budva, Herceg Novi, Tivat, Kotor, Cetinje, Berane, Bijelo Polje, Andrijevica, Plav, Gusinje, Rozane, and Petnjica. 1 The mission assesses the overall political and electoral environment, respect for the rights to elect and stand for election, conduct of election management bodies, campaigning, gender equity, voting and tabulation processes, electoral dispute resolutions and other crucial aspect of the process, based on international standards for democratic elections and the Montenegrin legal framework. ENEMO will raise awareness of the domestic and international community regarding the main challenges and problems observed in elections, thus advocating for adequate policy changes through the adoption of concrete recommendations in a final report. This interim report is based on ENEMO’s findings throughout the regions of Montenegro observed from 15 July until 15 August, where ENEMO CT experts and LTOs focused on assessing the work of election administration bodies, registration of political parties and candidates, conduct of the election campaign, election-related complaints and appeals and other election related activities. The mission will issue its preliminary statement of findings and conclusions after Election Day and will remain in the country to also follow the potential complaints and appeals. ENEMO’s final report will be issued within sixty days from the certification of results. ENEMO’s international observation mission for the 30 August 2020 Parliamentary Elections in Montenegro is financially supported by the National Democratic Institute (NDI) and the National Endowment for Democracy (NED). The content of the document is the sole responsibility of ENEMO and does not necessarily represent the position of the donors. 2 Executive summary The 2020 parliamentary elections in Montenegro are scheduled to take place on 30 August 2020. In addition, municipal elections will be held in 5 municipalities on the same day, for municipal assembly councilors of Andrijevica, Budva, Gusinje, Kotor and Tivat. The current parliamentary election campaign in Montenegro is being held in conditions of a stable electoral system. There were no significant changes in the electoral system since the previous parliamentary elections in Montenegro in 2016. The legal framework for elections is mostly in line with international standards. In general, the elections are administered professionally despite the lack of legal certainty regarding some aspects of the electoral process. The State Election Commission (SEC) operates in an overall transparent manner. However, late changes by the SEC as well as lack of clarity regarding whether or not all groups of voters will have the opportunity to vote due to Covid-19 pandemic may affect the quality of the electoral process. Municipal Electoral Commissions (MECs) operate professionally and effectively, and seem to be prepared for the upcoming elections, while it remains unclear how trainings for Polling Boards’ (PBs) staff will be conducted and whether this will affect their readiness for the election day. Regarding voter registration, concerns should be raised that excessive provisions in the law on the right to vote could lead to the disenfranchisement of a considerable number of voters, in cases where they resided abroad and have only recently (less than two years) returned to Montenegro to renew their residency in the country. There is also a general perception that there are discrepancies between different databases that compile the voters’ list and the total population in the country aged 18 or higher. All electoral lists were able to collect the required number of voter signatures and were registered by the SEC within the legal deadline, with the exception of the self-declared Yugoslav national minority list, even after lodging an appeal to the Constitutional Court. ENEMO notes that the two year residency requirement to stand for election should also be deemed as excessive and at odds with international standards. Concerns should be raised regarding the lack of comprehensive regulations on indoor and outdoor campaign events and limitations on campaigning due to the Covid-19 epidemic. As a consequence, electoral contestants have increased the focus of their campaigns on social networks and online media. Both the epidemic itself and the corresponding health security measures adopted may affect the principle of equal opportunity and possibility for candidates and parties to campaign freely. Limitations in the legal framework on campaigning of state officials, potential abuse of office, and avoiding blurring of lines between parties and State are overall in line with international standards. However, reports of ENEMO observers indicate considerable allegations of pressure towards public-sector employees, threats of non-renewal of contracts, blocking professional advancement, pressure on employees’ families, and threats of demotion in cases of employees refusing to support the ruling coalition. On the other hand, allegations of promises of employment or services as means of indirect vote buying were reported to ENEMO observers in several instances. 3 The overall legal framework for media, including laws and the Constitution, generally provide for freedom of speech and freedom of the press. However, transparency regarding media ownership is limited and under regulated, in particular for online and social media. The appearance of state officials used as a means to increase the coverage of the lists in which they are running, outside the dedicated advertising blocks raises concerns, as it may affect the principle of equality of opportunity, as well as the obligation of impartiality in the media coverage of the electoral campaign. The 2020 amended legislation has brought the framework for campaign finance overall more in line with international standards, and generally complies with GRECO anti-corruption standards. The role of the Agency for the Prevention of Corruption (APC) and its mandate have been extended to provide effective oversight of campaign finance. ENEMO deems positive the plan published by the APC for controlling and monitoring the financing of political campaigns for these elections. However, concerns should be raised regarding the difficulty of implementing field controls and supervising possible cases of misusing public funds or human resources, due to lack of capacity and limited possibilities to prevent or eliminate abuse. Even though all electoral lists complied with the gender quota requirement, ENEMO notes that only one national minority went beyond and included 70% of female candidates, while women remain underrepresented in EMBs and public life. Additionally, only one candidate list is led by a woman in these elections. ENEMO notes that the existing framework for access and participation of PWDs is overall in line with international commitments. However, most EMB premises and polling stations remain only partly accessible or completely inaccessible to PWDs. The Constitution and laws of Montenegro acknowledge the participation of national minorities in the electoral process. This includes special measures to facilitate the opportunity for minorities to be adequately represented. The system of appeals in Montenegro is overall in line with international standards. The electoral disputes’ resolution system is administered by electoral commissions with subsequent appeal to a court, and the legal framework provides for a single hierarchical structure of dispute resolution excluding parallel handling of complaints. Time-limits for lodging and
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